What You May Be Facing for Selling Illegal Drugs in California

If you are convicted of trafficking or selling illegal drugs in California, you could indeed face serious consequences, some of which include the following:

• A lengthy prison sentence
• Expensive fines 
• Mandatory drug treatment or classes; and
• The inability to find a job or an apartment after release from prison. 

For this reason, it is crucial to understand your options if you are arrested for selling drugs in California. You’ll also need to speak with a criminal defense lawyer who has direct experience in defending drug charges.

At this point, your future, no doubt, can look pretty bleak. Not only do you face the probability of going to jail and having a criminal record, but employers, landlords, and colleges will see it on background checks. Drug crimes are difficult, as the repercussions are both serious and long-lasting.

What is the legal definition of “selling” illegal drugs?

Selling drugs means that you gave or sold drugs to someone else in return for money. You may also have been caught with drugs in your possession. That means you could have been found with drugs in your home or car or caught with drugs on your person. 

If the police find drugs in your possession or near you, they may charge you with drug possession with intent to sell.  An intent to sell drugs carries heavier penalties than if you’re arrested for possessing drugs that you’re using. 

Possession of a Controlled Substance for Sale: Some Examples

In fact, things can get quite complicated when you’re arrested, with the possession of a controlled substance for sale. This common indictment has to do with California Health and Safety Code 11351.

Example #1 – When You Can Avoid a Conviction

For example, you cannot be convicted of this type of charge if you had no knowledge of the drug’s presence. Let’s say that you borrowed your friend’s truck and got pulled over for speeding. During the stop, the police ask permission to search the trunk. 

When the police search the trunk, they find a large amount of heroin in several baggies. While you may have had control over operating the car and, technically, had constructive possession of the drug, you still cannot be convicted. If you only borrowed the truck and did not know about the drugs, your defense lawyer can help you beat the drug charge.

While constructive possession means the police found drugs in a nearby area (but not on you), actual possession means that law enforcement officials discovered drugs on your person – in your hands, for instance, or in the pocket of a jacket or your slacks.

Example #2 – Possession for a Controlled Substance for Personal Use

Unfortunately, if you had possession of a controlled substance for personal use, you can still be charged with an intent to sell if the prosecution can show evidence to support the charge. In this case, the prosecution will consider how much of the drug you possessed, whether it was packaged in baggies or a  container, or if you had drug paraphernalia or a large sum of cash.

Example #3 – The Sale of a Prescription Drug

You can also get convicted if the controlled substance for sale was a prescription. Possession of controlled substances for sale may include illegal narcotics, such as cocaine, as well as various legally prescribed drugs. That’s why you need to figure out a defense strategy with an experienced criminal defense lawyer. 

A Charge for Selling Illegal Drugs in California: What Does It Mean?

If you’re charged with selling drugs in California, you are accused of knowingly selling or distributing controlled substances. This can result in a felony conviction. Again, if convicted, you face severe consequences, including a lengthy prison sentence, steep fines, and a criminal record that will haunt you for the rest of your life. 

The exact charge may depend on the facts of your case and the quantity and type of drugs involved in the sale. California drug laws are strict and it is important to seek legal guidance from an experienced drug crimes defense attorney as soon as possible.

Defense Strategies for Selling Drugs in CA

While defenses vary, depending on the offense, you may be able to beat a charge if you did not know you were in possession of the drug, the police did not use the proper procedures during the arrest, or you were coerced into selling the illegal substance.

Contact a Criminal Defense Lawyer Without Delay

If you’ve been charged with selling illegal drugs in California, now is the time to start preparing a defense. The consequences of a conviction can be severe and can follow you for the rest of your life. That’s why you need to take action now to protect your future or career. 

Start by speaking with an experienced drug crimes defense attorney. Your attorney can review the facts of your case, help you understand your options, and build a strong defense on your behalf. In California, start by calling Jance M. Weberman at (213) 386-9100 today. The sooner you take action, the easier it will be to proceed with your case.

The post What to Do If You’re Charged with Selling Illegal Drugs in California appeared first on Jance Weberman | Winning Los Angeles Lawyer.

Whether you’re charged with murder or a theft offense, you will find working with an experienced lawyer can be invaluable. Don’t try to wade through the litigation process by yourself. Your lawyer can help you create a winning defense.

How a Criminal Defense Lawyer Establishes Reasonable Doubt

To help you with your defense, your criminal defense lawyer must show reasonable doubt. The publication, Judicature, a publication of the Bolch Judicial Institute at Duke University, points out that “reasonable doubt” was implemented in the courts to ensure that an innocent person would not incur punishment for a crime they did not commit.

Jurors understand that they cannot agree to convict a person when reasonable doubt is present. However, in some cases, the details may reveal few opportunities for a strong defense. That is why your criminal defense lawyer must be adept at countering some of the arguments a prosecutor presents.

Common Defense Strategies

A successful outcome in a defense strategy may show reasonable doubt in one of several ways. For example, common strategies for defenses may include the following:

• The alibi of the defendant
• Police misconduct
• Self-defense
• Insanity
• No probable cause*
• Issues that violate the defendant’s constitutional rights
• The statute of limitations has expired

*In some cases, the defendant’s rights for probable cause are violated if law enforcement officers do not show adequate reason to perform a search, arrest the litigant, or seize their property. The Fourth Amendment covers probable cause by protecting citizens from unreasonable search and seizure.

Changing the Strategy of a Defense

While the lawyer representing you will have a strategy laid out for your defense, that does not mean he or she may not alter it. For example, your lawyer may attempt to show why you could not have been at the scene of the crime, giving you an alibi. However, the prosecution may present evidence that proves otherwise.

In this case, your criminal defense lawyer may need to show why the evidence, such as a video, is not genuine or demonstrate why you could not be guilty. Sometimes, people believe a lawyer working for a defendant simply lies about their client’s part in a crime. However, this is not generally done.

Telling the truth is much more revealing.

The prosecution and defense may offer two accounts–both true–in different ways. It depends on what facts each legal side uses to prosecute or defend a case.

For example,  the prosecution may show a defendant, charged with robbery, was inside a store at the time of a crime. However, they may not show that the robbery happened in one location while a video reveals that the defendant was somewhere else at the same time.

Showing How the Defendant was Thinking

In some cases, a criminal defense lawyer may need to demonstrate how or what the defendant was thinking during the crime, even though the evidence shows they were connected with the event.

For example, the defendant, upon a friend’s request, may have driven their car to a bank to pick them up. While the facts may show the defendant was involved in a bank robbery, how and what they were thinking reveals something quite different.

Unjust Questioning and Police Misconduct

In some instances, the criminal defense lawyer might need to prove that the processes used for questioning a defendant represented police misconduct. When this happens, the charges usually are dropped even if the evidence may have led to a conviction.

The Criminal Defense Process

You’ll need the help of a criminal defense attorney, as the proceedings for this type of litigation can vary greatly between the federal and state courts. That’s because each court has its own rules and procedures – they are not all alike in this respect.

While differences exist in judicial rules and procedures, litigators and law enforcement still must honor a defendant’s constitutional rights. One of these rights includes due process. Therefore, the defendant must receive reasonable notice of the proceedings that have been set against them as well as a fair hearing when jail time may be indicated for the crime.

The Investigation

After law enforcement officials investigate a crime and gather evidence, they may request a search warrant if they believe there is probable cause. If an arrest is made, the defendant may wait for the next proceeding at home (if they bailout) or in jail (if their criminal history or the crime warrants it).

Setting the Bail or Going to Jail

When bail is set, the judge considers the seriousness of the crime and the criminal record of the defendant. If the crime is severe and the judge determines that the defendant may not show up in subsequent proceedings, he or she will deny bail and the litigant will wait for the next part of the proceedings behind bars.

The Arraignment Hearing

After the arrest or setting of bail, the next stage is the arraignment process. During this proceeding, the judge explains the charges and asks how the defendant wishes to plead. Defendants often plead “not guilty” at the arraignment even if they later change their plea.

The judge asks the defendant if they have a lawyer or would like one appointed by the court. The bail may be modified during the hearing or the judge may schedule a future court date.

A Preliminary Hearing

In a felony case, the court schedules a preliminary hearing. During the proceeding, the prosecutor must demonstrate that they have enough evidence to support the charges made against a defendant. During the hearing, a criminal defense lawyer may cross-examine the prosecution’s witnesses. A judge or magistrate presides over the proceeding.

Plea Bargaining as an Option

Because court proceedings take a lot of time, some defense cases are settled before they are reviewed at trial. A prosecutor may agree to lighten a sentence or drop some charges if the defendant agrees to a guilty plea. As a defendant, you have the right to agree to a plea bargain or to refuse it.

The Jury Trial

If the defendant does not agree to a plea agreement, the case goes to trial. Each side presents an opening statement. During the trial, the prosecutor introduces the evidence and calls witnesses to share what they know with the court.

In turn, the defense lawyer cross-examines witnesses and may present additional evidence or witnesses after the prosecutor rests his or her case. Closing statements are given before the jury reaches a verdict.

Who to Contact to Support Your Legal Defense Now

Have you been charged with a crime? If so, you can receive a fair legal defense by contacting an expert criminal defense lawyer. Call the law firm of Jance M. Weberman in Los Angeles at 213-386-9100  today.

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White Collar Criminal Defense: What It Takes to Win

While 40% of embezzlement charges are dropped, around 60% of the defendants are not so lucky. That is why it is imperative that your lawyer is well versed in cases involving theft and embezzlement. An experienced criminal defense lawyer knows how the other side must prove its case. He or she is ready to deal with allegations and how to respond appropriately.

How the Plaintiff’s Attorney Must Prove Intent

As further proof of embezzlement, the plaintiff’s attorney must show that the conditions for embezzlement were present. These conditions are noted as follows:

1. The defendant gained possession or acquired the property as the result of a fiduciary relationship. In other words, the owner entrusted the property to the defendant.
2. The defendant received the property through a fiduciary relationship so he or she could deprive the property’s owner.
3. The defendant’s resulting actions or the taking of the property was intentional.

Responding to Embezzlement Allegations

In turn, a logical and effective defense is one where the lawyer disproves any of the above-mentioned elements. He or she may also prove, as previously mentioned in Part 1 of this post, that the other side cannot support a paper trail or lacks evidentiary material.

In addition, a criminal defense  lawyer may also defend an embezzlement charge as follows:

• Duress. This defense is used if the defendant believed they felt threatened or endangered if they did not commit a crime.

For example, a defendant may claim that they were afraid of losing their job or a family member might be hurt if they did not embezzle an owner’s property. Defenses based on satisfying a drug or gambling addiction or an attempt to avoid family hardship usually do not work.

• Entrapment. Entrapment occurs when a police authority influences a person to commit a crime they otherwise would not commit. Therefore, a law-abiding citizen may feel induced to commit a criminal offense because of the harassment or threats of a government agent.

According to the U.S. Department of Justice, any predisposition to commit a crime, such as an embezzlement, can knock down an entrapment defense. If the individual was a criminal who was unwary of the other party’s motive, any defense along these lines will fail.

• Absence of Intent to Commit a Criminal Offense. The intent of the litigant to commit embezzlement is a crucial factor in their guilt or innocence. Embezzlement implies that you broke your fiduciary duty by intentionally taking another person’s money or property. This defense is used when the person who committed the crime believes they were the actual owner of the property or funds they took.
• Incapacity. A criminal defense lawyer may also show the person who embezzled money was, at the time of the crime, incapacitated. For example, if the embezzler was under the influence of a heavy drug, as long as the drug was prescribed, he or she may claim they were incapacitated. You cannot use involuntary intoxication as a defense.

If you’ve made an honest mistake, you’ll need to talk to a criminal defense attorney who can deftly show the error so you’re totally exonerated of the crime. Ignorance is not a defense as there is a fine line between it and intent. That is why you need someone who can read the big picture legally and plan a skillful defense.

Punishments for Embezzlement in California

As noted in the previous post, the punishments for theft and embezzlement depend on the extent of the crime and how much was taken. In California, you will usually be charged with a misdemeanor if you’ve absconded property in the amount of $950 or less. This is known as petty theft. If the amount is larger, you’ll receive a more severe sentence.

If you’re convicted of petty theft for your embezzlement, you may spend six months or less in jail and pay a fine of up to $1,000.

If the amount stolen is less than $50.00 and this is your first offense, you may be charged with an infraction, which would subject you to a fine of up to $250.

If your embezzlement leads to a grand theft charge, you may have to spend up to a year in jail for a misdemeanor charge or 16 months to 36 months for a felony charge. This law is laid out in Ca. Penal Code  § 484 to 502.9.

Embezzling Public Money

If you’re convicted of an embezzlement charge concerning public money, you may have to repay the stolen funds or property and spend two to four years in prison. After restitution, you’ll be permanently ineligible to hold a job in local or state government.

Aggravating Factors Involved in Embezzlement

You’ll need a good criminal defense lawyer to prevent you from being sentenced for aggravating factors in an embezzlement case. In this situation, additional penalties are imposed for the following activities:

• If you’re a defendant who is convicted of two or more felonies that involve embezzlement or fraud, which, in total, led to a loss of $100,000, this factor, known as white-collar crime enhancement, can add up to five years in prison plus fines.
• If you were caring for a dependent or elder where you assumed a position of trust, the court can increase your jail time or fines. Whether you were caring for an elderly person or relative, oversaw the care of a person with physical or mental disabilities, or supported the care of someone living in an assisted living facility, these extenuating factors can add to your jail time and fines.

Gathering the Evidence: What the Prosecution Needs to Gather and Prove

To prove embezzlement, the prosecution must use evidence in the form of the following:

• Financial records
• Employee statements that incriminate the defendant
• A confession of guilt from the defendant
• A shown pattern of taking property or money – proof of intent

To prevent embezzlement, especially in this age of technology, businesses may install tracking software as a measure of security. Computer information monitors and inventory software can be used for this purpose.

Discuss Your Embezzlement Case with A Reputable LA Criminal Defense Attorney

If you need a criminal defense attorney who is a knowledgeable white-collar crime lawyer, contact Jance M. Weberman as your legal counsel. Call (213) 386-9100 to schedule an appointment today.

The post Talk to a Criminal Defense Lawyer about Your Embezzlement Charge (Part 2) appeared first on Jance Weberman | Winning Los Angeles Lawyer.

Changes In The State Of California

In October of 2021, Governor Gavin Newsom signed a law that ended mandatory minimum sentencing for nonviolent drug offenses in California. Citing a crowded jail system and the need for alternative rehabilitation solutions, Newsom will now afford judges more discretion when it comes to sentencing.“Our prisons and jails are filled with people — particularly from communities of color — who have committed low-level, nonviolent drug offenses and who would be much better served by non-carceral options like probation, rehabilitation, and treatment,” Newsom said. Previously, state law barred suspended sentences or probation for first-time offenders for certain drug crimes. In many instances, repeat offenders were also not eligible for probation, such as for selling opioids or cannabis. The new sentencing bill will go into effect in January. Individuals who are facing a drug-related charge would be prudent to consult with a Los Angeles criminal defense lawyer, as they can further convey the details of the new law.

Selecting A Los Angeles Criminal Defense Lawyer

When you’ve been charged with a crime, regardless of its severity, you may be anxious about the difficult road ahead of you. Uncertain about your future, you can find yourself with more questions than answers. By taking a proactive approach and hiring a seasoned criminal defense attorney, such as one of ours at the Law Offices of Jance Weberman, you can strengthen your chances of reaching a more positive outcome. An attorney can help you protect your rights. By gathering all of the necessary details (in the protection of attorney-client privilege), they can draw upon their experience and knowledge of the law to devise a strategy that suits your situation. They can identify key pieces of evidence, and even uncover mistakes that could ultimately benefit your case. Experienced criminal defense attorneys also have existing relationships with prosecutors and judges. They may be able to help you reach a deal that significantly reduces the penalties of a conviction.

Navigating Drug Offenses

Though the new mandatory minimum sentencing laws in California are a boon to criminal defendants, the discretion that judges maintain can still result in harsh penalties. With this in mind, it’s still crucial to consult with a Los Angeles criminal defense lawyer if you have been charged with:

• Criminal possession
• Distribution or trafficking
• Manufacturing
• Transportation

You shouldn’t face a drug-related charge alone. By contacting an attorney immediately, you can get a clearer idea of what your legal options may be.

Do Not Delay – Call Us Now

If you or a loved one have been charged with a drug-related criminal offense, call the Law Office of Jance Weberman today at 213-386-9100. You can also contact our offices via email by filling out our simple online contact form. We look forward to learning more about your case and developing a legal strategy that is right for you.

The post The End Of Mandatory Minimum Sentencing: How A Los Angeles Criminal Defense Lawyer Can Help appeared first on Jance Weberman | Winning Los Angeles Lawyer.

Understanding of the Los Angeles Judicial System

One of the most important reasons to engage a criminal defense attorney is that he is familiar with your country’s court system. Even for those who work in the legal system daily, the system is complicated to comprehend. As a result, you need to choose an experienced defense lawyer familiar with the intricacies of the legal system’s workings and processes. Based on your situation, he will lead you through the court procedure.

Examine the Evidence More Carefully

Specialists for the prosecution are reviewing the evidence in your criminal case. As a result, you should retain the services of a legal specialist. A skilled and knowledgeable criminal lawyer knows how to spot evidence against you that was obtained by police unlawfully to interfere with your case. Furthermore, your defense attorney understands how to deal with witnesses who embellish the facts to substantiate the alleged crime and can see any flaws in their testimony right away. As a result, you’ll need to employ a criminal defense lawyer to examine the prosecution’s evidence and witnesses. Furthermore, a defense team will back you up if you employ a skilled defense lawyer from a legal company. You can benefit from your defense lawyer’s extensive network of medical professionals, private investigators, and expert witnesses. Criminal defense attorneys can use these links to supplement your defense with further evidence.

Accessibility

A criminal defense lawyer in Los Angeles is better equipped to get the required evidence and statements to assist in building your case when it comes to evidence and witness statements. Witnesses may be concerned about their safety if they speak openly, but engaging with a criminal defense lawyer may help them overcome their anxieties and offer the testimony needed to clear their case.

They’ve Made Connections with Prosecutors.

Defense attorneys form ties with their counterparts—prosecuting attorneys—after working in the legal sector for a long time. While it may seem strange to have a nice friendship with an enemy, both sides recognize that when individuals are comfortable with each other, everyone has a better experience. Having an attorney with a solid working connection with your prosecuting attorney can make a significant difference in the result of your case. Their friendship might help them agree on a better plea deal or a more inexpensive bond.

A Criminal Defense Lawyer Los Angeles Can Help You Save Money

If you insist on representing yourself to save money on attorney’s expenses, you are shooting yourself in the foot. When you decide to handle everything yourself, the margin of error when preparing for court is large. Missing tiny information in your files or failing to meet a deadline might cost you a lot of money. You might also wind up paying a lot of money and wasting a lot of time. You can’t afford to make a mistake since all the money you’ll save by representing yourself would get wasted if you find yourself in prison. Hiring an attorney reduces these human-error-related factors.

Observing Correct Court Procedures

When you have a solid criminal defense attorney on your side, he will not make any concessions on your behalf before you even appear in court. When preparing to defend oneself in court, there is a lot of documentation to deal with, and a skilled criminal lawyer knows how to file your case materials properly. Many legal obstacles might prohibit you from appearing in court, and the prosecution may take advantage of this situation. Most criminal courts have strict deadlines, bottlenecks, and legal processes, which might make you forget about your duties. As a result, you should enlist the help of a skilled and experienced criminal defense attorney. When the prosecution realizes he’s up against an experienced and capable lawyer, you’re more likely to get a favorable plea deal. Regardless of your background, you are entitled to the best legal representation Los Angeles has to offer. If you face criminal accusations and the possibility of jail time, you should get legal advice as quickly as possible. For a free consultation, call Jance Weberman Law Firm at (213) 386-9100 or visit our website at janceweberman.com.

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